[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41681-41682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19783]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Final Results of Antidumping Duty Changed Circumstances Review:
Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 18, 2009, the Department of Commerce (the Department)
made its preliminary determination that Ternium Mexico S.A. de C.V.
(Ternium) is the successor-in-interest to Hylsa S.A. de C.V. (Hylsa)
and should be treated as such for antidumping duty cash deposit
purposes. See Notice of Preliminary Results of Antidumping Duty Changed
Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe and
Tube from Mexico, 74 FR 28883 (June 18, 2009) (Preliminary Results).
For purposes of these final results of review, the Department has
determined that Ternium is the successor-in-interest to Hylsa and, as a
result, should be accorded the same treatment previously accorded to
Hylsa in regard to the antidumping duty order on certain circular
welded non-alloy steel pipe and tube (standard pipe and tube) from
Mexico as of the date of publication of this notice in the Federal
Register.
DATES: Effective Date: August 18, 2009.
FOR FURTHER INFORMATION CONTACT: John Drury or Brian Davis, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2008, Ternium requested that the Department conduct
a changed circumstances review of the antidumping duty order on
standard pipe and tube from Mexico to determine whether Ternium is the
successor-in-interest to Hylsa and should be treated as such for
antidumping duty cash deposit purposes. See Notice of Initiation of
Antidumping Duty Changed Circumstances Review: Circular Welded Non-
Alloy Steel Pipe and Tube, 73 FR 63682 (October 27, 2008) (Notice of
Initiation). On June 18, 2009, the Department made its preliminary
determination that Ternium is the successor-in-interest to Hylsa and
should be treated as such for antidumping duty cash deposit purposes.
See Preliminary Results.
On July 14, 2009, the Department published in the Federal Register
a notice extending the time limit for these final results to August 17,
2009. See Circular Welded Non-Alloy Steel Pipe and Tube from Mexico;
Extension of Time Limit for Final Results of Antidumping Duty Changed
Circumstances Review, 74 FR 33994 (July 14, 2009).
In the Preliminary Results, we stated that interested parties could
request a hearing no later than 30 days after the publication of the
Preliminary Results, submit case briefs to the Department no later than
30 days after the publication of the Preliminary Results, and submit
rebuttal briefs, limited to the issues raised in those case briefs,
five days subsequent to the case briefs' due date. We did not receive
any hearing requests or comments on the Preliminary Results.
Scope of the Order
The products covered by this order are circular welded non-alloy
steel pipes and tubes, of circular cross-section, not more than 406.4
millimeters (16 inches) in outside diameter, regardless of wall
thickness, surface finish (black, galvanized, or painted), or end
finish (plain end, beveled end, threaded, or threaded and coupled).
These pipes and tubes are generally known as standard pipes and tubes
and are intended for the low-pressure conveyance of water, steam,
natural gas, and other liquids and gases in plumbing and heating
systems, air conditioning units, automatic sprinkler systems, and other
related uses, and generally meet ASTM A-53 specifications.
Standard pipes and tubes may also be used for light load-bearing
applications, such as for fence tubing, and as structural pipe tubing
used for framing and support members for reconstruction or load-bearing
purposes in the construction, shipbuilding, trucking, farm equipment,
and related industries. Unfinished conduit pipe is also included in
this order. All carbon steel pipes and tubes within the physical
description outlined above are included within the scope of this order,
except line pipe, oil country tubular goods, boiler tubing, mechanical
tubing, pipe and tube hollows for redraws, finished
[[Page 41682]]
scaffolding, and finished conduit. Standard pipe and tube that is dual
or triple certified/stenciled that enters the United States as line
pipe of a kind used for oil or gas pipelines is also not included in
this order.
Imports of the products covered by this order are currently
classifiable under the following Harmonized Tariff Schedule (HTS)
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90.
Although the HTS subheadings are provided for convenience and customs
purposes, our written description of the scope of this order is
dispositive.
Final Results of Changed Circumstances Review
Based on the information provided by Ternium, the Department's
analysis in the Preliminary Results, and the fact that interested
parties did not submit any briefs during the comment period, the
Department hereby determines that Ternium is the successor-in-interest
to Hylsa for antidumping duty cash deposit purposes.
Instructions to U.S. Customs and Border Protection
The Department will instruct U.S. Customs and Border Protection to
continue to suspend liquidation of all shipments of the subject
merchandise produced and exported by Ternium entered, or withdrawn from
warehouse, for consumption, on or after the publication date of this
notice in the Federal Register at 10.38 percent (i.e., Hylsa's cash
deposit rate). This deposit requirement shall remain in effect until
further notice.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is herby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these final results and notice in
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff
Act of 1930, as amended, and 19 CFR 351.216.
Dated: August 11, 2009.
Carole Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. E9-19783 Filed 8-17-09; 8:45 am]
BILLING CODE 3510-DS-S